separation of powers

  • Concepts of Separation of Powers in a Comparative Approach – Similarities and Dissimilarities

    Author: Lóránt Csink
    Institution: Faculty of Law and Political Sciences of Pázmány Péter Catholic University
    ORCID: https://orcid.org/0000-0002-6098-086X
    Year of publication: 2018
    Source: Show
    Pages: 313-325
    DOI Address: https://doi.org/10.15804/ppk.2018.06.26
    PDF: ppk/46/ppk4626.pdf

    Separation of powers is one of the most basic principles democratic states are based on. Still, there is No. common standpoint what exactly separation of powers means. The present essay examines the ideas of Rousseau, Marxist scholars and some modern theorists concerning separation of powers and checks and balances mechanisms that exist in the legal system. The author analyses as well how the different powers balance each other in practice.

  • The Institute of Constitutional Justice and the Balance of Power in a Democratic State

    Author: Igor Bychkov
    Institution: National Academy of Law Sciences of Ukraine
    ORCID: https://orcid.org/0000-0002-0523-9366
    Year of publication: 2020
    Source: Show
    Pages: 83-98
    DOI Address: https://doi.org/10.15804/ksm20200205
    PDF: ksm/26/ksm2605.pdf

    The article is devoted to the study of the mechanisms of influence of the institute of constitutional justice on the processes of balancing power in a democratic state and formulating conclusions on the basic principles of reforming the domestic constitutional model of relevant legal relations. The author states that the special status of constitutional justice bodies within the continental model, in particular the status of the Constitutional Court of Ukraine between branches of government, is due to the important mission of constitutional justice bodies to find a fine line between positive, natural law and political influence of different branches of government. The corresponding task allows to make certain analogies with the status of some other subjects of power. The key difference between the Constitutional Court of Ukraine, as a subject of relations between the branches of government, is much greater, and even in fact - the maximum distance from each of these branches. Such a model becomes especially relevant when the legislature, executive and president are representatives of the same political force, when the body of constitutional jurisdiction actually remains the only entity capable of resisting the possible intentions of the respective forces to “control” the judiciary. At the same time, the special status of the bodies of constitutional justice, along with the institutional provision of their maximum distance from any single branch of government, is also guaranteed by the requirements of professionalism of their staffand a certain degree of independence from electoral sentiment.

  • 100 lat definiowania polskiego modelu „separacji” władzy sądowniczej

    Author: Mariusz Jabłoński
    Institution: Uniwersytet Wrocławski
    ORCID: https://orcid.org/0000-0001-8347-1884
    Year of publication: 2021
    Source: Show
    Pages: 119-151
    DOI Address: https://doi.org/10.15804/ppk.2021.04.06
    PDF: ppk/62/ppk6206.pdf

    100 years of defining the Polish model of “separation” of the judiciary – what we had, what we have and what we might want to have

    The subject of the study is an analysis of over a hundred years of practice defining the role and political position of courts in Poland. The verification will be subject to compliance in the practice of exercising power not only with constitutional provisions (or indicating the reasons and consequences of their omission), but also with other regulations that accompany the creation and application of specific legal solutions in the context of guaranteeing the independence of the judiciary. At the same time, the assessment of the adopted solutions in terms of respect for the standards developed by international bodies for the protection of individual freedoms and rights and EU bodies was taken into account.

  • Kilka uwag o pozycji ustrojowej argentyńskiego Kongresu Narodowego

    Author: Stanisław Bożyk
    Institution: Uniwersytet w Białymstoku
    ORCID: https://orcid.org/0000-0001-6227-1963
    Year of publication: 2021
    Source: Show
    Pages: 437-448
    DOI Address: https://doi.org/10.15804/ppk.2021.04.29
    PDF: ppk/62/ppk6229.pdf

    A few remarks on the political position of the Argentine National Congress

    The content of these short reflections contained in the article is the issue of the political position of the Argentine National Congress. In it, the author analyzes those regulations of the constitution which define the place and role of the lrgislative body within the presidential system of government. It focuses primarily on presenting the status of the parliament in the light of constitutional principles of the system in particular the principle of separation of powers. He then points to the mutual relations between the National Congress and the executive branch which are decisive for the effective status of the federal parliament. At the same time, he tries to show the impact of the 1994 revision of the constitution on the political position of the National Congress, which resulted in the introduction of certain elements of the parliamentary system of government into the political system of Argentina.

  • Rządowy proces legislacyjny jako dowód fikcyjności podziału władz w Polsce

    Author: Robert Radek
    Institution: Uniwersytet Śląski w Katowicach
    ORCID: https://orcid.org/0000-0003-1674-6600
    Year of publication: 2021
    Source: Show
    Pages: 101-113
    DOI Address: https://doi.org/10.15804/ppk.2021.05.07
    PDF: ppk/63/ppk6307.pdf

    The government legislative process as proof of the fictitious division of powers in Poland

    The article is devoted to the analysis of the government’s legislative process in the context of Poland’s political regime conditions. The purpose of this article is to draw attention to the specifics of the government’s legislative process and explain its significant drawbacks. The author tries to show that the transparency of the legislation has been disturbed and that, in this context, there is a deformation of the separation of powers. Government and parliamentary centres interpenetrate each other, and the observed functional unity of the executive and legislative authorities, which proves a secure management method, causes the prevailing legislative discourse to be illusory essentially. It does not strengthen the quality of the law being created in Poland. Unfortunately, the observation of negative phenomena after the 2015 elections confirms these trends.

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